Council of the New South Wales Bar Association v Archer (No 7) [2005] NSWADT 223

CITATION: Council of the New South Wales Bar Association v Archer (No 7) [2005] NSWADT 223 DIVISION: Legal Services Division APPLICANT Council of the New South Wales Bar Association PARTIES: RESPONDENT Stephen John Archer THIRD PARTY Sarah Anne Archer FILE NUMBER: 032019 HEARING DATES: 27/05/2005; 26/07/2005-27/07/2005 SUBMISSIONS CLOSED: 08/24/2005 DATE OF DECISION: 10/04/2005

BEFORE: Chesterman M - ADCJ (Deputy President); Norton S SC - Judicial Member; Bennett C - Non Judicial Member APPLICATION: Summons to produce documents - compliance with MATTER FOR DECISION: Preliminary matter Administrative Decisions Tribunal Act 1997 LEGISLATION CITED : Evidence Act 1995 Income Tax Assessment Act 1936 (Cth) Albrighton v Royal Prince Alfred Hospital [1980] 2 NSWLR 542 ASIC v Rich [2005] NSWSC 417 Citibank Ltd v Chiu Wah Liu [2003] NSWSC 236 at [3] Council of the New South Wales Bar Association v Archer (No 3) [2004] NSWADT 232 Council of the New South Wales Bar Association v Archer (No 6) [2005] NSWADT 149 Daw v Toyworld (NSW) Pty Ltd [2001] NSWCA 25 Ishac v David Securities Pty Limited, Unreported, Supreme Court of New South Wales, 13 December 1991 (BC 9101344) CASES CITED: Kingham v Sutton (No 3) [2001] FCA 1117 at [127] Lee v Minister for Immigration & Multicultural & Indigenous Affairs [2002] FCAFC 305 Lewis v Nortex Pty Limited [2002] NSWSC 1064 National Australia Bank Ltd v Rusu (1999) 47 NSWLR 309 New South Wales Bar Association v Archer [2004] NSWADT 38 New South Wales Crime Commission v Rinh [2003] NSWSC 811 O'Meara v Dominican Fathers [2003] ACTCA 24 Trade Practice Commission v Arnotts Ltd (No 2) (1989) 21 FCR 306 APPLICANT P R Garling SC, G M Gregg, barrister REPRESENTATION: RESPONDENT In person THIRD PARTY J Ireland QC ORDERS: 1. The Respondent is to be examined as to his compliance with a summons to produce documents issued on 10 November 2003, as varied by an order of the Tribunal made on 25 February 2004; 2. Sarah Anne Archer is to be examined as to her compliance with a summons to produce documents issued on 18 March 2004, as varied by an order of the Tribunal made on 13 October 2004; 3. With regard to the documents produced by Barrington Partners in response to a summons issued on 24 May 2004, the Applicant is granted access to a file copy of a letter dated 25 January 1990 from Barrington Partners to Mrs Archer and to copies of three documents relating to Adbaston that were annexed to this letter, but not to any other documents in relation to which the Respondent has objected to access being granted. This grant of access includes permission to uplift for not more than 48 hours for the purpose of copying; 4. The costs of these three applications are reserved; 5. The matter is set down for further directions at 9.30 a.m. on 10 October 2005